Procedure 5.10.01 - Illegal Conduct
The Human Resources department should be advised of any crime against the college. College officials will determine course of action to be taken.
Action will be determined by due process of the law. In the event an employee or representative of the college is arrested and charged with a serious violation, the Director of Human Resources and college officials will be notified and determine the circumstances of the situation and decide to act as follows:
- Grant a leave of absence (with/without pay)
- Suspend the employee (without pay)
Action Following Arrest
- An employee’s arrest, standing alone, will not normally be sufficient cause to suspend or terminate the employee pending the outcome of the arrest. A conviction for a misdemeanor or felony, by itself, will not normally constitute grounds for suspension/termination of an employee.Each instance of an employees’ arrest and/or conviction will be evaluated on an individual basis and a determination made as to employment status, considering business factors and protection of all employees/students potentially affected.
- During any investigation or hearing of an employee on any criminal charge when an employee’s ability to perform his/her duties may be impaired, the President may suspend an employee for the duration of the proceedings. Suspensions shall be without pay except when (1) annual leave or compensatory leave time is sufficient to cover the period of suspension, (2) the employee notifies the President that he/she is filing a request for appeal; in this event, pay would continue through the appeal process, (3) an exception is made by the President. If the employee is suspended and later reinstated, he/she is to be reinstated to his/her same classification and rate of pay, but the President may recommend that the suspension be without pay for the time period from date of suspension to the date of reinstatement or any portion thereof. Such a determination will be based upon consideration of the degree to which the employee was responsible or contributed to the reasons for the suspension.An employee who is incarcerated pending trial, and has notified their supervisor of the absence from work, will be suspended without pay until free to return to work or found innocent of the charges.
- The employee will be suspended for a maximum of one year. If the situation is unresolved at the end of one year, the employee will be terminated.
- If found innocent of the charge, the employee will be offered re-instatement. There will be no back pay for the period of suspension.
- An employee who is incarcerated due to arrest and has not notified their respective division for the reason of absence, will normally be considered as being absent without notice and subject to disciplinary action.
- An employee who is released on bond or on his/her own recognizance pending trial will be allowed to return to work or be suspended without pay based on institution evaluation of the nature and seriousness of the charge/alleged violation.